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Reasons
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(영문) 서울중앙지방법원 2015.09.25 2015고단4927
절도등
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Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. A thief: (a) around 08:00 on April 27, 2015, the Defendant stolen KRW 150,000 in cash from the victim D (age 24) room located in Gangnam-gu Seoul, Gangnam-gu Seoul, and then stolen it.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, taken a photograph of the body of the said victim who was temporarily and at the same time and at the same place as a mobile phone camera against his will.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to photographs of text messages;

1. Article 329 of the Criminal Act, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of using Kameras, etc.) and the selection of a fine for each crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the victim stolens other money and valuables which the victim has been divingd with the victim, and then affixs the victim's bals photo to prevent him from filing a report, and the crime is considerably pleasure of the nature of the crime. However, the defendant acknowledges and reflects the mistake as the first offender, and if a conviction is finalized against the crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, which is a sex crime subject to registration of personal information that the victim does not want the punishment against the defendant by agreement with the victim, the defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and pursuant to Article 43 of the same Act

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